"What most people in Arizona don't realize is that we have huge swaths in our communities that are forbidden by law from looking at water when they make land use decisions," Napolitano told mayors meeting here Tuesday, in a preview of her State of the State speech.
as the article notes, this implicates recently passed proposition 207 which states
12-1134. Diminution in value; just compensationI would expect any drafter would have a goal of making this regulation formulated as a health and safety issue. A suitable findings statement may be enough, given the impact of scare water resources in the state.
A. If the existing rights to use, divide, sell or possess private real property are reduced by the enactment or applicability of any land use law enacted after the date the property is transferred to the owner and such action reduces the fair market value of the property the owner is entitled to just compensation from this state or the political subdivision of this state that enacted the land use law.
B. This section does not apply to land use laws that:
1. limit or prohibit a use or division of real property for the protection of the public's health and safety, including rules and regulations relating to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, and pollution control;
...
6. do not directly regulate an owner's land; or
7. were enacted before the effective date of this section.